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Whenever a lender is making a commercial real estate loan secured by property which has been leased to one or more tenants, a lender will typically require a Subordination, Non-Disturbance and Attornment Agreement (SNDA). An...more
In commercial real estate transactions, indemnity provisions are frequently negotiated. However, one critical component is often overlooked: the obligation to cover attorneys’ fees related to indemnity claims....more
In today’s commercial real estate market, the only certainty is uncertainty. This is not a call for panic, but rather a call for balance. Now is not the time for bet-the-firm risks, nor is it a time for total retreat to the...more
In commercial leases, "operating expenses" (often referred to as OPEX, CAM or Common Area Maintenance) generally cover the costs associated with the daily operation, maintenance, and repair of the property. In addition to...more
A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell....more
Automotive real estate (such as automobile dealerships, agricultural equipment dealers and service centers) straddles retail and industrial uses. This unique characteristic means that buyers and sellers of automotive real...more
In negotiating leases, there are many potential pitfalls. Below, we highlight three common issues, as well as smart strategies that will lead to better outcomes at the negotiation table. A failure to distinguish important...more
The 2025 Eaton and Palisades fires caused vast destruction, but in the wake of such destruction there may be unique opportunities for people looking to open or reopen a business in the zones impacted by such fires. Opening a...more
A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these...more
Although the COVID-19 pandemic has ebbed from the daily lives of workers, its impact on hybrid work continues. While no consensus has emerged, the hybrid work model, which requires splitting the work week between going into...more
Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more
In our latest upcoming series of blog posts, we will look at several key points to consider when negotiating commercial real estate purchase and sale agreements from the perspectives of buyers and sellers....more
In the world of commercial leasing, the relationship between landlords and tenants and, by extension, subtenants, is at the heart of the leasing arrangement. But what happens when arrangements change and relationships shift?...more
On December 19, 2024, the Supreme Court of California passed down a unanimous decision in a lawsuit closely watched by commercial real estate landlords and retail tenants that involved the validity of so-called cotenancy...more
In the wake of the DOJ’s pending antitrust lawsuits, CRE companies should include several protections in their vendor agreements that involve the use of revenue management software. This article provides tips to mitigate...more
In 2025, an estimated $600 billion in commercial real estate loans are scheduled to mature. While the interest rate environment has stabilized somewhat over the past year, rates have not fallen as far as borrowers had hoped,...more
In the post COVID-19 era, the office leasing market has faced significant challenges due to remote work and hybrid models, particularly in non-trophy-class buildings. One healthy exception to the office market struggle is the...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MASSACHUSETTS LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offer to Purchase sets forth buyer’s offer of price, date for closing, contingencies for inspections, financing etc....more
On September 30, 2024, Governor Newsom signed into law Senate Bill 1103, an unprecedented legislative measure affecting non-residential landlords’ transactions with a broadly defined class of “qualified commercial tenants.”...more
While sellers typically initiate the first drafts of commercial real estate purchase and sale agreements, some larger buyers have the leverage to require use of their own form agreements. Sellers in these situations should be...more
The commercial real estate industry is facing an impending tsunami of $2 trillion in debt maturities, with an estimated $929 billion coming due this year. If you will be caught in this net because the loan secured by your CRE...more
A landowner desiring to enter into a license agreement for the use of real property must take care to ensure that the license agreement does not contain terms that inadvertently waive the landowner’s right to recover the...more
Once an agreement of purchase and sale for real estate is signed, the path to closing and the rules of closing are firmly engrained, both in the terms of the contract and in principles of law and equity. You don’t get to...more
In a typical real estate transaction, there’s often a critical period between the closing and the official recording of documents—a period aptly known as the “gap.” This “gap” introduces a degree of risk, leaving room for...more
Today on “Terra Firma: Conversations on Commercial Real Estate,” Stephen Tanico and Stacey C. Tyler discuss one of the most important due diligence tools for real property: title insurance. In addition to addressing why...more